I-9 Verification
How Long Do Employers Have to Complete Form I-9 Verification?
I-9 verification is the federal requirement that employers confirm the identity and work eligibility of every new hire using Form I-9, supported by acceptable identity and employment authorization documents, within three business days of the start date.
Every U.S. employer, regardless of size, must complete Form I-9 for every new employee. The employee completes Section 1 by their first day; the employer completes Section 2 by examining original documents from the employee’s choice of an approved list. The employer cannot dictate which specific documents an employee provides.
I-9 forms must be retained for the later of three years after hire or one year after termination. These forms are subject to ICE audit, and even unintentional paperwork errors can result in civil fines.
Form I-9 Deadlines and Retention Requirements
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Required for every new hire, regardless of employer size or industry.
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Section 2 must be completed within 3 business days of the employee's start date.
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Retention requirement: later of 3 years after hire or 1 year after termination.
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Subject to ICE audit; even paperwork errors can trigger civil fines.
Frequently Asked Questions
Does every employer have to complete Form I-9?
Yes—there’s no exemption for small businesses.
Can an employer ask for a specific document, like a passport?
No—employees choose which approved document(s) to present.
How long must I-9 forms be kept on file?
The later of three years after hire or one year after employment ends.
Can Form I-9 verification be completed remotely?
Yes—employers can use authorized representatives or, for E-Verify participants, certain alternative remote document examination procedures.
What happens if an employer fails to complete Form I-9 for a new hire?
Missing or incomplete I-9s can trigger civil fines per violation during an ICE audit, even if the employee was authorized to work.
Related terms: E-Verify, Employee Onboarding Process, Background Check Compliance